Kolkata Municipal Corporation vs Bimal Kumar Shah
Case Significance
Kolkata Municipal Corporation vs Bimal Kumar Shah is a Supreme Court of India decision dated May 16, 2024 (citation: insc-2024-435). Kolkata Municipal Corporation claimed to have acquired property of the respondent under Section 352 of the Kolkata Municipal Corporation Act, 1980. The Court conducted a detailed analysis of property rights under the Constitution and held that Section 352 does not confer power of compulsory acquisition, and that municipal corporations must approach the State Government under Section 537(1) for land acquisition. The appeal was dismissed with Rs. 5 lakh costs, and the Corporation's purported ac The bench comprised Justices Aravind Kumar and Pamidighantam Sri Narasimha. The judgment was delivered by Justice Pamidighantam Sri Narasimha.
Summary
Kolkata Municipal Corporation claimed to have acquired property of the respondent under Section 352 of the Kolkata Municipal Corporation Act, 1980. The Court conducted a detailed analysis of property rights under the Constitution and held that Section 352 does not confer power of compulsory acquisition, and that municipal corporations must approach the State Government under Section 537(1) for land acquisition. The appeal was dismissed with Rs. 5 lakh costs, and the Corporation's purported acquisition was declared illegal.
What was the outcome of Kolkata Municipal Corporation vs Bimal Kumar Shah?
Kolkata Municipal Corporation claimed to have acquired property of the respondent under Section 352 of the Kolkata Municipal Corporation Act, 1980. The Court conducted a detailed analysis of property ...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-435)